IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 932 of 2007()
1. SUGATHAN, S/O.GOPALAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.SIJU KAMALASANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :15/02/2007
O R D E R
V. RAMKUMAR, J.
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Bail Application No.932 of 2007
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DATED: FEBRUARY 15, 2007
O R D E R
Petitioner who is the accused in C.R. No.225/2006 of Kottarakkara
Excise Range for an offence punishable under Sec,8(1) and 8(2) of the Abkari
Act for allegedly having been found in possession of 3 litres of illicit arrack
on 17.12.2006 and who was also arrested on the same day, seeks his
enlargement on bail.
2. The learned Public Prosecutor admitted that no final report has
been filed even after 60 days of judicial custody of the petitioner. If so, by virtue
of the proviso to sec.167(2) Cr.P.C. the petitioner is entitled to be released on
bail as of right.
3. Accordingly, the petitioner is directed to be released on bail on his
executing a bond for Rs. 20,000/- (Rupees twenty thousand only) with two
solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-
I, Kottarakkara, and subject to the following conditions:-
1. Petitioner shall report before the Investigating Officer
between 9 a.m. and 11 a.m. on all Wednesdays.
2. Petitioner shall not influence or intimidate the prosecution
witnesses nor shall he attempt to tamper with the evidence
for the prosecution.
3. The petitioner shall make himself available for interrogation
Bail A.No.932/07 -:2:-
as and when required by the investigating officer.
4. Petitioner shall not commit any offence while on bail.
If the petitioner commits breach of any of the above conditions, the bail
granted to him shall be liable to be cancelled. This application is allowed as
above.
V.RAMKUMAR, JUDGE
mt/-